What Is a Right to Work Check? A Guide for UK Employers
A Right to Work check is the prescribed process used by UK employers to confirm that an individual is legally permitted to undertake the work being offered.
Employers must complete the appropriate check before employment begins.
When a prescribed check is carried out correctly, it can establish a statutory excuse against liability for a civil penalty if the individual is later found not to have the Right to Work for the employment concerned.
A Right to Work check is therefore more than an identity check.
The employer must establish both that the person presenting themselves for employment is the person to whom the evidence relates and that their immigration status or documentation permits them to undertake the work in question.
Why Do Employers Carry Out Right to Work Checks?
All UK employers have a responsibility to prevent illegal working.
If an employer engages somebody who does not have permission to undertake the work and cannot demonstrate that the prescribed checks were completed correctly, the employer may face a civil penalty.
Current government guidance states that penalties can reach up to £60,000 for each illegal worker. Criminal sanctions may also apply where an employer knew, or had reasonable cause to believe, that somebody was working illegally.
A correctly completed Right to Work check does not guarantee that somebody will always retain permission to work.
Instead, it can establish the employer's statutory excuse, subject to any necessary follow-up checks where permission is time-limited.
What Are the Main Types of Right to Work Check?
As of August 2026, Home Office guidance provides three principal prescribed routes for establishing a statutory excuse before employment:
- A manual document check
- A digital Right to Work check using a Digital Verification Service for eligible British and Irish citizens
- A Home Office online Right to Work check for people whose immigration status can be checked through the online service
The appropriate route depends on the individual's nationality, immigration status and available documentation.
The Employer Checking Service is also used in certain circumstances where an individual's status needs verification directly from the Home Office.
1. Manual Right to Work Checks
A manual document check requires the employer to obtain appropriate original documentation from the prescribed lists.
The process broadly involves three stages:
Obtain
The employer obtains original acceptable documents from the relevant Home Office list.
Check
The employer examines the documents in the presence of the holder and establishes that:
- They appear genuine
- They belong to the individual presenting them
- Photographs and dates of birth are consistent
- Relevant expiry dates have not passed
- The individual is permitted to undertake the work offered
- Any work restrictions are understood
- Differences in names can be satisfactorily explained
Copy and record
The employer must retain the required copies securely and record the date on which the check was completed.
For a statutory excuse, evidence should be retained for the duration of employment and for two years after employment ends.
2. Digital Right to Work Checks
Digital verification can be used for eligible British and Irish citizens with the appropriate valid passport or Irish passport card.
A Digital Verification Service can use identity-document validation and biometric technology to help establish that the identity belongs to the person presenting themselves for employment.
However, using a digital provider does not transfer legal responsibility away from the employer.
The employer must still satisfy itself that the photograph and biographical information returned by the check are consistent with the person being employed and retain the required evidence.
British and Irish citizens cannot obtain a Home Office Right to Work share code. Their appropriate routes are generally an eligible digital identity process or a prescribed manual document check.
3. Home Office Online Right to Work Checks
Many people with UK immigration permission now prove their Right to Work through the Home Office online service.
The candidate supplies:
- A Right to Work share code
- Their date of birth
The employer then accesses the official Home Office service to confirm:
- Whether the individual has the Right to Work
- Which types of work are permitted
- Whether there are restrictions
- Whether the permission is time-limited
The employer must confirm that the photograph displayed relates to the individual presenting themselves for employment and retain evidence of the online check.
What Happened to Biometric Residence Permits?
The UK immigration system has increasingly moved towards digital immigration status and eVisas.
Biometric Residence Permits ceased to be issued by the Home Office on 31 October 2024, and expired physical BRPs should not be relied upon as evidence of Right to Work where the current process requires the Home Office online service.
Employers should therefore avoid relying on old checklists that still treat a physical BRP as the normal proof of immigration status.
What Is the Employer Checking Service?
The Employer Checking Service, or ECS, can be relevant where the worker cannot demonstrate their status through the normal prescribed routes and the Home Office needs to verify their position.
Examples can include somebody with:
- An outstanding immigration application
- An administrative review
- An appeal
- Certain other immigration circumstances requiring Home Office confirmation
Where the requirements are met, the Home Office may issue a Positive Verification Notice.
That notice can provide a time-limited statutory excuse, subject to the applicable rules.
An inability to immediately produce a normal document or online result should therefore not automatically be interpreted as meaning that somebody has no Right to Work.
What Is a Statutory Excuse?
A statutory excuse is an employer's defence against liability for a civil penalty where an individual is subsequently found to have been working illegally.
It is established by correctly conducting the prescribed check before employment begins and, where necessary, carrying out appropriate follow-up checks.
Using a screening company or identity platform does not automatically create a statutory excuse.
The required process still needs to be completed correctly.
This distinction is important when employers outsource part of their identity or Right to Work workflow.
Do Right to Work Checks Need to Be Repeated?
Not always.
Where somebody has a continuous Right to Work and the prescribed process has been correctly completed, an employer does not normally need to repeat the check simply because time has passed.
Where the individual has time-limited permission, a follow-up check may be required before the existing statutory excuse expires.
Employers should therefore distinguish between permanent and time-limited Right to Work when recording screening outcomes.
Should Employers Check Everyone?
Employers should apply Right to Work processes consistently.
Home Office guidance specifically warns against checking only people who appear to be migrants or selecting candidates for different treatment because of nationality, ethnicity, accent or other protected characteristics.
The employer should give prospective workers a reasonable opportunity to demonstrate their Right to Work through an appropriate route.
Recruitment decisions should remain based on the individual's suitability for the position and their actual permission to undertake the work.
Is Right to Work the Same as Identity Verification?
No.
The two processes are related but distinct.
Identity verification seeks to establish that a person is who they claim to be.
A Right to Work check establishes whether that person has permission to undertake the particular employment.
A candidate may pass an identity check but still lack permission to perform the proposed work.
Conversely, an immigration record must also be correctly connected to the individual presenting themselves for employment.
For that reason, both elements can form part of a wider Pre-Employment Screening programme.
What Is Changing on 1 October 2026?
Employers should also be aware that the Right to Work Scheme is due to expand from 1 October 2026.
Draft government guidance broadens the scheme beyond conventional employees to cover certain additional working arrangements, including worker contracts, individual subcontractors and some individuals providing services through online matching platforms.
This is a significant development for organisations using flexible, gig and subcontracted workforces.
Because the change has not yet taken effect as of 14 August 2026, employers should distinguish between the rules currently in force and those applying from 1 October.
Our separate guide to the Right to Work Scheme expansion covers those forthcoming changes in greater detail.
Right to Work Checks From Conflict International
Conflict International provides specialist ID Verification & Right to Work Checks for employers requiring a structured way to manage identity and employment-eligibility verification.
Depending on the candidate and applicable checking route, our service can support digital identity verification, candidate onboarding and the wider screening workflow.
Right to Work checks can also be coordinated with employment history, qualifications, DBS, BPSS and other appropriate checks through our broader pre-employment screening programme.
Conflict International supports the verification process. The employer remains responsible for ensuring the appropriate prescribed Right to Work check is completed and for establishing and retaining its statutory excuse.
Need Help Managing Right to Work Checks?
If your organisation needs to manage Right to Work verification for individual appointments, ongoing recruitment or higher-volume screening, Conflict International can discuss the appropriate workflow and how it can be incorporated into your wider screening programme.
Complete the enquiry form below to discuss your ID Verification & Right to Work requirements or request a demonstration of our online vetting portal.